Tag Archives: power of attorney

Committeeship Applications: the Uragi Case

A growing area in estate litigation is committeeship applications. A committee is a person or institution who is appointed to make personal, medical, legal and/or financial decisions for an adult person (the patient) who is mentally incapable and cannot make those decisions for him or herself. The first stage in the application process is determining on the medical evidence whether the person is incapable. The second stage concerns who ought to be appointed as the person’s committee.

Read full article

Limits of a Power of Attorney

Further to our recent post on Responsibilities Arising from a Power of Attorney, it is important to note that there are some limits on what an Attorney is permitted to do under a Power of Attorney.  Keep in mind that all acts must be authorized by the person who granted the Power of Attorney (the “Grantor”), and any that are not so authorized are not permitted.

One important limitation is that, generally, the Attorney is not permitted to be paid for acting as Attorney. Section 24 of the Power of Attorney Act does permit payment if the Power of Attorney document itself specifically allows payment, and if it sets out the amount or rate of such payment.  Section 24 also allows the Attorney to be reimbursed for specific expenses incurred in carrying out transactions pursuant to the Power of Attorney.

Read full article

Responsibilities Arising from a Power of Attorney

Powers of Attorney are a common incapacity planning tool.  Many people make them at the same time they prepare their Will.  Usually, the Power of Attorney is a short document, and seemingly straightforward.  For that reason, some people do not put much thought into agreeing to be designated as another’s Attorney.  However, there are a number of significant responsibilities that arise when the Power of Attorney is executed, particularly where the Power of Attorney is an enduring one (i.e. it will remain effective even after the the person granting the Power of Attorney (the “Grantor”) becomes incapable).

Read full article